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Home My WebLink AboutPC AGENDA 2009-04-13 CITY OF SANTA ANA PLANNING COMMISSION AGENDA APRIL 13, 2009 5:30 P.M. AFTERNOON SESSION & PUBLIC HEARING CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA CHRISTOPHER LEO Chairman ERIC ALDERETE Vice Chairman VICTORIA BETANCOURT MARIO TURNER JAMES GARTNER SEAN H. MILL PATRICK YRARRAZAVAL ________________________________________________________________ _________ If you need special assistance to participate in this Planning Commission meeting, please contact City ADA Program Coordinator, at (714) 647-5340. Please call prior to the meeting date, to allow the City time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] Members of the public are allowed three (3) minutes to speak on each agenda item, but when any group desires to address the committee, the committee may request that its members agree on a spokesperson to make the presentation. Planning & Building Agency, 20 Civic Center Plaza (M-20) P.O. Box 1988, Santa Ana, CA 92702 (714) 667-2700 The Planning Commission Agenda can be found at http:/www.ci.santa-ana.org/mayor/boardsdef.htm Planning Commission Agenda 2 April 13, 2009 CODE OF ETHICS AND CONDUCT The people of the City of Santa Ana, at an election held on February 5, 2008, approved an amendment to the City Charter of City of Santa Ana which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. A copy of the City’s Code can be found on the Clerk of the Council’s webpage. The following are the core values expressed: Integrity Honesty Responsibility Fairness Accountability Respect Efficiency PUBLIC COMMENTS Pursuant to Government Code Sec. 54954.3, the public may comment on any agenda item under consideration by the Planning Commission, and on any other matters under the Commission’s jurisdiction. To speak, please register by submitting a completed “Request to Speak” form to the Commission Secretary. Speaker forms are available on the speaker’s podium and Chamber Lobby. To speak on an item on the Agenda, enter the Agenda item number on your speaker form. The Chairperson will call your name when that Agenda item is considered. To speak on an item not on the Agenda, check the Public Comments box on your speaker form. The Chairman will call your name during the Public Comments portion of the meeting. When speaking, please state your name and address. Limit your remarks to three (3) minutes. The number of speakers and allotted time may be limited at the discretion of the Chairperson. AGENDA DESCRIPTIONS The Agenda descriptions provide the public with a general summary of the items of business to be considered by the Planning Commission. The Motion is a “recommended action”. The Commission is not limited in any way by the Motion and may take any action which the Commission deems to be appropriate on an Agenda item. Except as otherwise provided by law, no action shall be taken on any item not appearing in the agenda. All supporting documentation for this Agenda is available for public review in the Planning Division during the business hours, 8:00 a.m. – 4:00 p.m., Monday through Friday. The Planning Division is located in City Hall, Ross Annex, Second Floor, 20 Civic Center Plaza, Santa Ana, California, telephone number is (714) 667-2700. The current agenda and previously approved minutes are available online at: http://www.santa-ana.org/city_meetings and the Planning and Building Agency homepage, http://www.santa-ana.org/pba. Planning Commission Agenda 3 April 13, 2009 PLANNING COMMISSION AGENDA APRIL 13, 2009 CITY HALL COUNCIL CHAMBERS 22 CIVIC CENTER PLAZA SANTA ANA, CALIFORNIA CALL TO ORDER 5:30 P.M. ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine by the Planning Commission and will be enacted by one motion without discussion. Persons wishing to speak regarding a Consent Calendar matter should file a “Request to Speak” form with the Commission Secretary. (See Agenda Description for instructions on Public Testimony.) A. MINUTES RECOMMENDATION: Approve the minutes of the regular meeting of March 23, 2009. B. RECORDING SECRETARY REPORT Pursuant to the Brown Act, the March 23, 2009 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on March 19, 2009 at 3:41 p.m. RECOMMENDATION: Instruct the Commission Secretary to enter posting into the minutes. C. CONDITIONAL USE PERMIT NO. 2009-06 (Octavio Silva) Filed by Ilene Dick, to allow a Type 20 ABC license (off-premise sale of beer and wine) at the Wal-Mart Store at 3600 West McFadden Avenue located in the North Harbor Specific Plan (SP2) zoning district. Planning Commission Agenda 4 April 13, 2009 RECOMMENDATION: 1. Confirm the Zoning Administrator’s action approving Conditional Use Permit No. 2009-06 as conditioned. 2. Confirm the Zoning Administrator’s authorization to issue a letter of Public Convenience and Necessity for a Type 20 Alcoholic Beverage Control License. * * * END OF CONSENT CALENDAR * * * BUSINESS CALENDAR Matters listed on the Business Calendar are general proposals for new legislation or items requiring discussion. D. COMMISSIONER COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) PROCEDURAL RULES PUBLIC HEARINGS Public hearings provide individuals the opportunity to be heard regarding an intended action of the Planning Commission related to land use. 1. GENERAL PLAN AMENDMENT NO. 2007-03 AND ZONING ORDINANCE AMENDMENT NO. 2009-02 (Lucy Linnaus) Filed by Vinh Tran, to modify the General Plan and the North Harbor Specific Plan (SP2) land use designation from Open Space to General Commercial to allow a medical office building at 3417 West Fifth Street. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 3, 2009 PUBLICLY NOTICED: April 3, 2009 RECOMMENDATION: Recommend that the City Council: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, Environmental Review No. 2006-142. 2. Adopt a resolution approving General Plan Amendment No. 2007-03. 3. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-02. Planning Commission Agenda 5 April 13, 2009 2. ZONING ORDINANCE AMENDMENT NO. 2009-04, AMENDMENT TO DEVELOPMENT AGREEMENT NO. 2005-02, CONDITIONAL USE PERMIT NO. 2009-08 AND VARIANCE NO. 2009-02 (Matt Foulkes) Filed by Nexus Development Corporation to allow the construction of a new Courtyard by Marriott hotel within the MacArthur Place South development at 6 East MacArthur Place. PUBLISHED IN THE ORANGE COUNTY REPORTER: April 3, 2009 PUBLICLY NOTICED: April 3, 2009 RECOMMENDATION: Recommend that the City Council: 1. Adopt a resolution approving the Addendum to the Final Environmental Impact Report No. 2004-02 and approve the mitigation monitoring program. 2. Adopt an ordinance approving Zoning Ordinance Amendment No. 2009-04. 3. Adopt an ordinance approving the Amendment to Development Agreement No. 2005-02. 4. Adopt a resolution approving Conditional Use Permit No. 2009-08 as conditioned. 5. Adopt a resolution approving Variance No. 2009-02 as conditioned. 3. Public Comments (for items not on the agenda) STAFF AND COMMISSION COMMENTS At this time, staff and Commission may comment on non-agenda matters. NO action may be taken on off-agenda scheduled items unless authorized by law. 4. Staff Comments 5. Planning Commission Comments 6. Excuse of Absences 7. Adjournment